PAILA SRINIVASULU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Sri M.Vidya Sagar, learned counsel for the petitioner, Sri S.Venkata Ramana, learned Government Pleader for Endowments, Sri J.R.Manohar Rao, learned Standing Counsel for respondent No.3 and Sri Srinivasa Murthy Cheedella, learned counsel appearing for respondent Nos.5 to 19.

(2.) This Writ Petition is filed assailing G.O.Rt.No.11, Revenue (Endowment-II) Department, dtd. 10/1/2023, wherein the constitution of Non-Hereditary Trust Board took place for respondent No.3-Temple appointing respondent Nos.5 to 19 as members of the said Trust Board, mainly on the ground that the notification calling for applications as required under Sec. 17(3) of the Telangana Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short 'the Act, 1987'), read with Rule- 4(1) of the Rules framed under G.O.Ms.No.258, Revenue (Endowment-I), dtd. 31/3/1988, is required to be issued by the Authority competent to appoint the trustees under Sec. 15 of the Act, 1987, but not by any other authority.

(3.) It is the case of the petitioner that respondent No.3-Temple is notified under Sec. 6(a) of the Act, 1987, and it is the Government, which is competent for appointment of Board of Trustees in respect of respondent No.3-Temple under Rule-4(1) of the Rules issued under G.O.Ms.No.258, dtd. 31/3/1988, and the very same Authority, which is competent to appoint Board of Trustees is required to cause publication of notification calling for applications for the said purpose, but, in the instant case, instead of the Government issuing the notification calling for applications for appointment of Board of Trustees for respondent No.3-Temple, respondent No.2 issued the said notification and the same was published in the newspapers on 15/12/2022. It is further contended by learned counsel for the petitioner that, in the judgment of a Division Bench of this Court in S.V.Sudhakara Rao v. Government of Andhra Pradesh and others,2008 (4) ALD 225 (DB). it was held that it is mandatory that the competent Authority to appoint the Board of Trustees is required to cause publication of the notification also calling for the applications for the said purpose.